Mannu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25448 of 2018 Arising Out of PS. Case No.-97 Year-2017 Thana- KARAI PARSARAI District- Nalanda ====================================================== Mannu Singh S/o Late Ramjatan Singh, R/o Vill.- Salempur Binsa, P.S.- Karaiparsurai, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bajarangi Lal For the Opposite Party/s :
Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks regular bail in connection with Karaiparsurai P.S. Case No. 97 of 2017, registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code.
The allegation in the present case is regarding the petitioner and his wife having approached the house of the informant whereafter quarrel had taken place on account of land dispute and the petitioner is said to have hit the deceased on the head by brick resulting in his subsequent death. The learned counsel for the petitioner submits that in fact, the present case arises out of case and counter case inasmuch as the accused side had also filed Karaiparsurai P.S. Case No. 94 of
Patna High Court Cr.Misc. No.25448 of 2018(4) dt.06-07-2018 2/3 2017 and the present case is Karaiparsurai P.S. Case No. 97 of 2017. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 27.11.2017 and the petitioner is ready to abide by whatsoever condition as may be imposed by this Court.
Per contra, the learned counsel for the informant has submitted that there is direct allegation of assault on the petitioner herein, hence, he should not be released on bail. Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail. Accordingly, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Session Judge III, Hilsa, Nalanda in connection with Karaiparsurai P.S. Case No. 97 of 2017.
It is further directed that the petitioner would mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 am. on each Monday of the week and in the event of two consecutive defaults, the present privilege of the regular bail shall stand cancelled automatically. It is further directed that in case, if henceforth there is any
Patna High Court Cr.Misc. No.25448 of 2018(4) dt.06-07-2018 3/3 allegation against the petitioner disturbing the peace and tranquility or assaulting the prosecution side, the informant would be free to approach this Court for cancellation of the bail. (Mohit Kumar Shah, J) ajay gupta/- U T